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What should I do if the company fails to notify the employees of the arrears of wages?
At the same time, because the wage itself has two sides, on the one hand, it affects the profits of enterprises, and it should consider the continuous reduction of wage costs. On the other hand, it determines the living standard of workers' living sources, and requires that wage income should be fully guaranteed and steadily improved. There are also many problems in enterprise wage payment, among which the problem of wage arrears is the most prominent. Arrears of wages are an infringement on the workers' economic and labor rights and interests, and a wanton trampling on the social fairness and justice mechanism. Paying according to work is the right given to every worker by law, and it is undoubtedly the greatest erosion and destruction of our social ideal of fairness and justice that workers are not paid for their work. In recent years, enterprises in our province often default on employees' wages, which seriously infringes on the legitimate rights and interests of workers, thus often causing unexpected events such as collective petitions, affecting the social stability of our province and becoming a hot issue of social concern.
First, the status quo and characteristics of wage arrears of enterprises in our province
The problem of wage arrears of enterprises in our province can be said to be quite serious, which has become the most important problem affecting social stability in the current labor-capital contradiction. According to statistics, in 2000, labor and social security departments at all levels in the province handled 8493 illegal cases of wage deduction and unpaid wages without reason, and labor dispute arbitration committees in various places handled 65438 cases of unpaid wages and recovered 384 million yuan. In 200 1 year, local labor and social security departments and labor dispute arbitration committees accepted more than 50,000 letters and reports from enterprises, involving 420,000 workers. Among them, 60,000 letters, involving more than 40,000 workers; Visits exceeded 30,000 times, involving nearly 280,000 employees; The number of complaints and reports was 6.5438+0.3 million, involving 6.5438+0 million employees; More than 5 people collectively petitioned 4744 batches, involving nearly 80,000 employees. The labor and social security department filed 10567 cases, and the arbitration commission handled 8 102 cases, and * * * recovered the wages owed to the workers by 41000,000 yuan. In the first half of this year, a total of 5057 illegal cases of wage deduction and unreasonable arrears were handled. There were 4,856 disputed cases, and 22 1 10,000 yuan was recovered. In the first half of the year, there were 487 collective petitions and strikes involving more than 30 people in the province, of which 396 were caused by unpaid wages, accounting for 8 1.3% of the total number of cases.
Enterprise wage arrears have several obvious characteristics:
First, the problems of non-public enterprises, especially private and foreign-funded enterprises, are more prominent. In 200 1 year, there were 6 142 cases of wage arrears to private enterprises, foreign-funded enterprises and investment enterprises in Hong Kong, Macao and Taiwan, accounting for 58% of the total number of wage arrears cases. In 200 1 year, there were 1935 cases of unpaid wages in Dongguan, accounting for 99.4% of the total number of unpaid wages in the city. There were 356 cases of wage arrears disputes in Zhongshan city throughout the year, of which 80% were foreign-funded, Hong Kong, Macao and Taiwan-funded enterprises. In 200 1 year, there were 20/kloc-0 cases of wage arrears in Zhaoqing, accounting for 87.4% of the total cases.
Second, the Pearl River Delta region is a frequent place for enterprises to default on wages. In 200 1 year, the number of unpaid wages in Dongguan was 1946, and that in Zhuhai was 1477, which were 9 times and 6.8 times of those in Shaoguan respectively. Shenzhen * * * accepted 1 178 complaints about unpaid wages, accounting for 43.3% of the province's total, involving nearly 80,000 employees, and the amount of unpaid wages was nearly 1 100 million yuan, which is also rare in the province.
Third, wage arrears in labor-intensive enterprises are more serious. Construction companies, clothing factories, shoe factories and other enterprises are all large wage arrears in various places. In 200 1 year, the reporting center of the provincial labor and social security department accepted 73 cases of unpaid wages of provincial construction enterprises, accounting for 42% of the total number of unpaid wages accepted by the reporting center. The amount of arrears in Shenzhen's construction industry accounts for 30% of the total amount, and the number of people involved accounts for 2/3 of the total number of arrears.
Fourth, it is difficult to deal with cases of unpaid wages. Some business owners evade wages and transfer property, which increases the handling accuracy of the labor department. Especially in the construction industry, due to subcontracting and subcontracting, the boss does not go through the employment procedures according to the regulations, and the relationship between contractors is complicated. After disputes, workers' wages are often not guaranteed. Some projects are contracted by private contractors without employment qualifications and economic entities, and the labor relations of workers are unclear, and the management, calculation and payment of wages are chaotic. It is more difficult to deal with wage arrears and wage disputes.
Second, the main reasons for wage arrears
1. Under the market mechanism, the supply of labor exceeds demand, the status of labor relations is not equal, and workers are in a weak position. From the perspective of supply and demand, the supply of labor still far exceeds the demand, especially the non-professional and technical labor. Due to the long-term surplus of labor force, the subjects of labor relations are in an unequal position, and the workers are always in a passive and relatively weak position, which enables some enterprises to make suggestions and drill loopholes in wages and salaries, and the problem of wage arrears often occurs. An example is not salary arrears, but it can illustrate this problem: more than 600 workers in an enterprise in Huizhou demanded a raise because they were dissatisfied with low wages. The enterprise refused to demand and threatened to fire the workers, so the workers went on strike for two days. As a result, the company "fired" all more than 600 workers overnight, and recruited more than 600 workers the next day. Strike, a tax weapon, also failed in this enterprise.
2. Some business operators are morally corrupt. This is the main reason for wage arrears. Enterprises, especially non-public enterprises, are in arrears with wages, except for a part because of poor management, heavy debts, or the lack of funds due to the influence of the external economic environment, or because of the delay in bank payment, a considerable part of them are deliberately in arrears. The purpose of intentional breach of contract is due to several situations. First of all, it is used as working capital to "make a big fight" and expand reproduction to win greater profits. The second is to bind workers. Some enterprises want to keep their workers and default on their wages. Workers want to stay but can't leave. The third is an attempt to embezzle the blood and sweat of workers. These are often small and medium-sized enterprises on the verge of bankruptcy and closure, because the amount owed is far greater than the value of the remaining equipment. He broke the contract and walked away.
3. Employees' awareness of self-maintenance is weak. Many times employees' interests are infringed, and they also believe that "silence is golden". If they are not forced, they are often willing to be "silent lambs" rather than "an angry sea" and rarely use legal weapons to safeguard their rights and interests. An enterprise in Dongguan introduced them to pay wages on time. On the other hand, I don't know what it tastes like. They say that the wages in their enterprises are relatively low, but they are not afraid of not recruiting workers. They posted notices to pay their wages on time, and the workers came for this. Many workers are owed wages in one enterprise, and in another enterprise, they are also owed wages. They didn't leave when they came to them. Workers know to leave their jobs, but they don't know to complain to the labor department and trade unions, let alone to the people's court. Workers have poor awareness of self-protection. Especially the awareness of legal protection is poor. Invisibly "encourages" the infringement of enterprises, which is also an important reason for the frequent problem of unpaid wages.
4. Some local governments can't correctly handle the relationship between attracting foreign investment and safeguarding the legitimate rights and interests of employees. Due to the misunderstanding, some local governments unilaterally emphasize the importance of attracting foreign investment, ignore the publicity and guidance of law-abiding foreign investment and private enterprises, and adopt local protection and leniency for foreign investment and private enterprises that violate labor laws and regulations and default on employees' wages, which is tantamount to encouraging these enterprises to harm employees' rights and interests. Fearless enterprises will eventually intensify labor relations and damage the investment environment. In order to attract foreign investment, some mountain cities in our province give special protection to large-scale foreign-funded and private enterprises that have made great contributions to tax payment through the listed government, stipulating that no unit or individual can enter without the approval of the government investment department, which leads to the arrears of wages of these enterprises, the inability of trade unions to supervise and the inability of the labor department to investigate and deal with them, resulting in delays and strikes of employees and affecting the investment environment.
5. The trade union organization has not been established and perfected. Enterprises that are often in arrears with wages generally do not establish trade unions. Even if there are trade unions, many of them exist in name only. The trade union chairmen of some Hong Kong, Macao and Taiwan enterprises and private enterprises are often the three relatives and six relatives of the operators, just like one person. At the same time, trade union workers in foreign-funded enterprises and private enterprises are mostly part-time. As entrepreneurs, they have misgivings and dare not be formal. Due to the lack of a sound trade union organization, the behavior of enterprises has not been effectively restrained, and there is a lack of confrontation power of rights protection organizations within enterprises, which makes individual workers more vulnerable to the rights and interests of powerful employers.
6. Arrears of wages caused by disputes over project payment and payment for goods. This situation is most prominent in construction enterprises. After the illegal subcontracting of the construction project, the employer shall pay the project payment to the contractor. However, the contractor failed to pay the workers' wages, embezzled funds or walked away. After the wage default occurs, because the private contractor is not the legal employment subject, the wages of the workers on the site should still be borne by the employer, but the employer thinks that the project payment has been paid and the project payment has included the workers' wages, so he refuses to pay the workers' wages again.
Third, the impact of wage arrears.
Enterprise wage arrears, at least caused by the following three problems:
1, which directly affects the basic life of vulnerable groups and greatly squeezes their living space. Workers live on wages. Migrant workers, in particular, come from other provinces and bring only one pair of hands to earn money to support their families. Once wages are in arrears, these workers who depend on wages for a living are completely cut off from their sources of livelihood and suddenly pushed to a dangerous situation of survival. To some extent, the poverty caused by wage arrears of workers is more serious than that of farmers.
2, causing social unrest, laying a major hidden danger to social stability. The working class is the social stratum with the largest proportion of workers, and the wage income is related to many families. At present, the level of wage income is not very high, and whether there is a stable income is a sensitive issue that directly affects family life. The people are the country and the country is better. If workers' lives cannot continue because of wage arrears, social instability will inevitably surge. At present, a considerable number of complainants petitioning everywhere, intensifying labor disputes and vicious incidents that shocked society are related to wage arrears. Last year, there were many collective petitions of more than 100 people in Zhongshan City, all of which were caused by enterprises' wage arrears. A small number of migrant workers have to take extreme measures such as grasping the hanging tower to recover their arrears of wages. Some people even lost their minds, killed the operator and turned the victim into an offender.
3. Affect the investment environment. Enterprise's wage arrears often lead to shutdown, strikes and collective petitions, which is extremely inconsistent with the requirements of efforts to optimize and improve the investment environment. With the economic globalization and China's entry into the WTO, wage arrears will also have a negative impact on the local environment. At present, the market of developed countries has formed the practice of recognition and certification, and the content of certification includes protecting the legitimate rights and interests of workers, in which paying wages in full and on time is an important aspect. It can be predicted that if the legitimate rights and interests of workers are repeatedly violated, the most basic wages of workers will be repeatedly defaulted. With the progress of society, such an investment environment has insufficient stamina.
Four, the existing basis, means and shortcomings to solve the problem of wage arrears.
(a) the main laws, regulations and normative documents to solve the problem of wage arrears.
The laws and regulations mainly include the Labor Law, the Interim Provisions of the Ministry of Labor on Wage Payment, the Measures for Economic Compensation for Violation and Termination of Labor Contracts and Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC). In our province, Shenzhen and Zhuhai have also formulated the Regulations on Enterprise Wage Protection in Shenzhen Special Economic Zone and the Regulations on Enterprise Wage Payment in Zhuhai.
In order to solve the problem of wage arrears, the provincial government and relevant departments have also issued some normative documents, including: the provincial government 1996 "Emergency Pass on Seriously Solving the Wage and Welfare Problems of Enterprise Employees and Ensuring Social Stability"; 1998 notice of the provincial government on effectively solving the problem of wage arrears for employees (Mingdian [1998] No.2); 1999 notice of the provincial labor and social security department on properly handling the problem of wage arrears of workers by employers; In 2002, the Provincial Labor and Social Security Department, the Provincial Construction Department and the Provincial Administration for Industry and Commerce jointly issued the Notice of the Provincial Labor and Social Security Department on Further Doing a Good Job in Preventing and Investigating Illegal Cases of Labor and Social Security, such as Wage Arrears, and the Notice on Establishing a Prevention System for Wage Arrears in Construction Enterprises. These laws, regulations and normative documents have played a positive role in solving the problem of wage payment and arrears.
(B) the existing means to solve the problem of wage arrears
The channels mentioned here refer to legal channels, mainly including: labor inspection agency investigation, labor dispute arbitration commission arbitration and people's court litigation. In addition, according to the Regulations on Labor Law Supervision of Trade Unions in Guangdong Province promulgated by the Provincial People's Congress last year, if an employer seriously violates labor laws and regulations, the trade union at or above the county level may issue a labor law supervision letter, and the employer shall promptly correct it and inform the trade union of the correction within 30 days. If the employer refuses to make corrections, the trade union may submit it to the relevant administrative department of the government for investigation, and the relevant administrative department shall handle it in time and inform the trade union of the results. Trade union complaints are handled by trade unions, which is also a solution that can cause legal effect.
Lack of existing basis and means to solve the problem of wage arrears.
Judging from the treatment basis, the existing laws and regulations are not strong enough to deal with wage arrears, administrative responsibilities and legal responsibilities. Because there is no administrative punishment such as fines for malicious arrears of wages, the employer cannot give due punishment for unpaid wages without reason, which encourages the employer to "delay if it can, and rely on it if it can". As far as the actual arrears of wages are concerned, as long as the defaulting unit can repay them, there is no need to pursue any responsibility, and even the repayment amount can be negotiated. The legal representative or principal responsible person of the employing unit does not need to bear any responsibility at all. Due to the low cost of unpaid wages, some unscrupulous operators use this imperfect law to maliciously extract the blood and sweat of workers.
Judging from the means of handling, the labor inspection agency cannot operate quickly and effectively. Wage arrears usually have a great impact, sharp contradictions and easy escalation. At present, it is difficult for the labor department to cope with large-scale sudden incidents of unpaid wages. Because the labor and social security department has no power to preserve property, execute it first, detain it, etc. The compulsory execution of administrative decisions must go through a statutory prosecution period of three months, which is not conducive to the timely and effective handling of outstanding events by the labor department to ensure social stability and does not meet the requirements of administrative timeliness. Arbitration and litigation take a long time, which many employees who are owed wages simply can't afford. Arbitration is the predecessor of litigation. If there is no arbitration, the court will not accept it, and the lawsuit will be tried in first instance and second instance. Usually, after completing these procedures, it takes about one year. Workers live on wages. Imagine how they can stand the pain and suffering for so long.
There is another limitation to solving the problem of wage arrears through litigation. Recently, the Higher People's Court of Guangdong Province issued the Guiding Opinions on Several Issues Concerning the Trial of Labor Dispute Cases, pointing out that the disputes caused by the restructuring of state-owned enterprises led by the government, the laid-off workers and the overall wage arrears of enterprises should be resolved by the relevant government departments in accordance with the provisions of the enterprise restructuring policy, and the people's courts will not accept them. Not all unpaid wages can be settled through litigation.
Five, the countermeasures to solve the problem of wage arrears
1. It is necessary to speed up the legislative progress of the Regulations on Wage Payment of Enterprises in Guangdong Province and increase the punishment for unpaid wages.
At present, the best way to solve wage disputes in the world is legislation. Last year, Zhuhai took the lead in promulgating and implementing the Conditions for Payment of Wages of Enterprises in Zhuhai, established an effective early warning mechanism for unpaid wages, and stipulated a series of compulsory enforcement and punishment measures for foreign capital arrears. The implementation of the "Regulations" has achieved remarkable results in the past year, which has played a good role in curbing the arrears of funds. Provinces and cities with legislative power should formulate local laws and regulations on wage payment as soon as possible, and laws and regulations must formulate strong law enforcement and punishment measures for illegal acts of unpaid wages, which will have a deterrent effect on illegal enterprises and completely bring wage management into the track of rule of law. This is also the requirement to achieve international integration.
2. Clarify the government's regulatory responsibilities and establish and improve the governance mechanism for unpaid wages.
Local governments at all levels are responsible for social stability, and have the responsibility to properly handle wage disputes and ensure the stability of the labor force and society. Therefore, if the boss escapes or the enterprise is unable to contribute, the local government should be responsible for solving the problem of wage arrears with great influence and sharp contradictions. If wage arrears cause large-scale collective incidents and cause serious consequences, the administrative responsibility and even legal responsibility of the relevant responsible persons of local governments shall be investigated.
The administrative department of labor security should conscientiously perform the duties of supervision and inspection of labor security law enforcement, improve the examination and filing of labor rules and regulations of employers and the annual inspection system of labor, severely investigate and punish acts and responsible persons who infringe upon the legitimate rights and interests of workers, such as deduction of wages and arrears of wages; Construction administrative departments should strictly control the entry of construction enterprises into the construction market according to standards, put an end to the entry of construction enterprises without qualifications and economic strength, and seriously investigate and deal with illegal subcontracting, subcontracting, affiliation and other illegal acts of construction projects. Construction enterprises that violate laws and regulations such as wage arrears of workers lead to collective shutdown, strike or collective petition shall be subject to "one-vote veto", and shall not participate in bidding for new projects in any form, and shall be given corresponding enterprise qualification punishment; Cancel or lower the qualification level; Economic and trade, foreign trade, Taiwan Affairs Office and other departments should strictly examine newly established enterprises and standardize their business practices; The administrative department for industry and commerce shall not handle the annual examination of the industrial and commercial business license for enterprises that deduct or default on wages without reason; Public security departments should resolutely deal with mass incidents caused by employers' arrears of wages in accordance with the law to prevent the situation from expanding; The customs shall investigate and inspect the export goods of enterprises that are in arrears with wages according to law; If the bank finds that the employer is in arrears with wages, it should report to the government functional departments in time; The relevant functional departments of the government temporarily refuse to approve the employer who is in arrears with wages to buy vehicles, build office buildings and leave the company; Trade union organizations should give full play to the supervisory role of employers in implementing labor security laws and regulations, and improve the labor legal supervision organization of trade unions. Where an employer violates labor security laws and regulations, deducts wages or defaults on wages without reason, it shall promptly put forward suggestions for improvement to the employer, report to the trade union at a higher level and relevant government functional departments, and earnestly perform the basic duties of safeguarding the legitimate rights and interests of workers. The provincial government regularly reports the arrears of wages, and all departments should strengthen contact and information exchange, and deal with the employers who are in arrears of wages according to their respective responsibilities.
3. Strengthen the publicity and education of laws and regulations, and strengthen the internal supervision mechanism of enterprise wage payment.
Governments at all levels and relevant departments should vigorously strengthen labor security laws and regulations and publicity and education, enhance the awareness of employers and operators in implementing labor security laws and regulations, and enhance the concept of workers using legal means to protect their legitimate rights and interests. The employing unit shall pay the wages of workers in strict accordance with the relevant provisions of the labor law, and shall not deduct or default without reason; The labor department of the employing unit should conscientiously do a good job in paying wages and pay them in full; The employer's trade union organization is the first insider, the first supervisor and the first reporter of wage payment, and should give full play to the supervisory role of wage payment. The employer deducts or delays the wages of workers without reason; Immediately put forward handling opinions to the employer, and report to the superior trade union and relevant government functional departments in time. When the employer has illegal acts of unpaid wages, the laborer shall promptly report to the trade union organization or directly report to the relevant functional departments of the government; If there is a dispute over the payment of wages, the employee shall lodge a complaint with the local labor dispute arbitration committee within 60 days from the date of the dispute.
4. Strengthen the labor inspection force and establish and improve the monitoring system of wage payment.
At present, the labor inspection force is very weak, and the labor inspection institutions at the county and district levels are often linked to the labor information of the labor bureau, with few staff and insufficient funds. We must enrich the labor inspection force and ensure that the labor and social security departments have enough personnel to handle cases of wage arrears. Establish and improve the wage payment monitoring system, and the village (neighborhood) committees with more township enterprises should also be equipped with labor security legal supervisors. Labor and social security departments at all levels should go deep into enterprises and employees, strengthen the investigation of wage payment by employers, find out wage arrears in time, implement a key monitoring system for wage payment, register key enterprises and units prone to wage arrears, and assign special personnel to track and monitor them; The employer under supervision shall regularly report the wage payment to the labor security supervision institution in writing every month. Employers who have defaulted on wages for many times or have a huge amount of arrears should be published on government networks and news media and exposed to the public. It is necessary to establish the information network of wage payment monitoring system as soon as possible, gradually implement the practice of paying wages by banks, keep abreast of the wage payment situation of enterprises in the region, and better prevent the occurrence of wage arrears cases.
5. Implement the salary prepayment method.
If the employer's operators escape with unpaid wages, the labor and social security departments at all levels shall immediately report to the local government and relevant departments, and instruct the employer's (property rights) department (including the competent department of Chinese-foreign cooperative and joint venture enterprises) to advance the wages of workers; If there is no competent department, the lessor of the plant, equipment and site shall pay in advance. If it is really difficult to advance wages in full, after confirmation by the administrative department of labor and social security or the people's court, it can be advanced at not less than 30% of the total wages owed. If it is impossible to confirm the amount of unpaid wages or the wages paid in advance are lower than the local minimum wage standard, they shall be paid in advance according to the local minimum wage standard. If a construction enterprise deducts or delays the wages of workers without reason, the administrative department of labor security shall order it to make corrections according to law; Those who have no financial ability to pay wages or evade paying wages shall be paid by the competent department of the enterprise at the next higher level; If there is no competent department, it shall be paid by the employer.
6. Strengthen the construction of trade unions in non-public enterprises and establish a collective wage negotiation mechanism for enterprises.
An important reason for wage arrears is that a considerable number of non-public enterprises have not established trade unions, employees have no spokespersons and defenders, and corporate behavior has not been effectively restricted. Party and government at all levels must attach great importance to and support the establishment of trade unions, intensify the establishment of trade unions in non-public enterprises, and organize workers into trade unions to the maximum extent. At the same time, under the support and guidance of local party and government and local trade unions, enterprise trade unions set up a collective wage negotiation mechanism, and the trade unions mediate with enterprise operators on behalf of employees to reach an agreement on the salary level and payment method of employees through consultation. Once the agreement is signed, it has legal effect. This is an important part of the reform of income distribution system, which has been included in the tenth five-year plan of the country. By signing a wage agreement, a balance mechanism between wage distribution and wage payment can be formed within the enterprise, which can effectively prevent the arrears of wages for operators and solve this problem at the grassroots level. At present, some enterprises of provincial and municipal trade unions have carried out pilot work and gained some experience. However, it is still very difficult to carry out this work, which requires the government's great attention and support, and the introduction of corresponding policies and measures. Create a good external environment for collective wage negotiation.
7 as soon as possible to develop the industry standard of piece-rate wage labor hours, standardize the piece-rate wage system.
At present, many enterprises pay overtime by piece, but the standard of piece income is very low. In order to get a certain income, employees can only endure overtime, while the boss gets excess profits. Therefore, relevant government departments should establish industry standards for piece-rate wages and working hours as soon as possible, standardize the piece-rate wage system, and make employees get reasonable remuneration within the normal labor quota.
8. Closely combine the government's labor legal supervision with the labor legal supervision of trade unions, and give full play to the role of labor legal supervisors of trade unions. Strengthen the supervision of public opinion and increase the exposure of infringement.
The Regulations on Labor Law Supervision of Trade Unions in Guangdong Province defines the labor law supervision responsibilities of trade unions. The "Regulations" have achieved certain results in the past year, and labor law supervisors of trade unions at all levels have coordinated and handled more than 2,000 cases of labor rights and interests. Last year, trade unions at all levels trained more than 8,000 labor law supervisors, and the scope of training will continue to expand this year, which is an important force in labor law supervision. The goal of government labor legal supervision is consistent with the goal of trade unions. They must cooperate closely, give full play to the role of labor law supervisors of trade unions, solve contradictions at the grassroots level, solve them in the bud, and curb and prevent the occurrence of wage arrears, overtime and other violations.
Public opinion is an important supervisory force. The media should be encouraged to boldly disclose and expose serious violations of the legitimate rights and interests of employees. Local governments should not "protect" or cover up or conceal the truth on the grounds of affecting the investment environment. Exposure can play an effective warning role for enterprises.
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